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Naples manager defends decision to move ahead with parking garage work

A male Cooper's Hawks calls while devouring a small bird near its nest in a mahogany tree at Eighth Street South and Sixth Avenue. A pair of Cooper's Hawks was discovered nesting near the preliminary construction stages of an $8.6 million parking garage project.  The city decided to delay construction until the hawks fledged. Construction is set to resume June 6.

DAVID ALBERS / Staff

A male Cooper's Hawks calls while devouring a small bird near its nest in a mahogany tree at Eighth Street South and Sixth Avenue. A pair of Cooper's Hawks was discovered nesting near the preliminary construction stages of an $8.6 million parking garage project. The city decided to delay construction until the hawks fledged. Construction is set to resume June 6.

Construction barriers protect the preliminary drilling on the $8.6 million parking garage project at Eighth Street South and Sixth Avenue near where a pair of the Cooper's Hawks were discovered nesting. City Manager Bill Moss recently ordered the construction to continue despite the federal Migratory Bird Treaty Act making it a crime for a construction project to cause the hawks to abandon their nest.

DAVID ALBERS / Staff

Construction barriers protect the preliminary drilling on the $8.6 million parking garage project at Eighth Street South and Sixth Avenue near where a pair of the Cooper's Hawks were discovered nesting. City Manager Bill Moss recently ordered the construction to continue despite the federal Migratory Bird Treaty Act making it a crime for a construction project to cause the hawks to abandon their nest.

Naples City Manager Bill Moss wasn’t wrong, legally.

He acted within the letter of the law when he made the decision to proceed with an initial step in the construction of a nearly $9 million parking garage in downtown Naples, even though two Cooper’s hawks nested above the construction site.

But just because Moss acted within reason, it doesn’t mean some Naples City Council members are happy with that decision.

“I think you made a mistake, (and) I’m disappointed with what happened,” Councilman Bill Willkomm said Monday.

Willkomm was one of four council members who wrote to Moss two weeks ago asking that any scheduled construction on the city-owned parking garage at Eighth Street South and Sixth Avenue South be stopped until council could come to a consensus about how to proceed.

Councilwomen Teresa Heitmann and Dee Sulick also wrote e-mails to Moss, while Councilwoman Penny Taylor sent him a memo.

Willkomm brought up Moss’ decision during Monday’s council meeting, and said Moss appeared to ignore a request from a majority of council members to stop work.

But City Attorney Bob Pritt said Moss acted appropriately, since individual council members do not have the authority to give directives that the overall council can give in a public meeting.

“As a group you have a tremendous amount of power and authority,” Pritt said. “But individually, with the exception of the mayor, out of session what you say is your opinion, but it is not the will of the council.”

Moss made the decision to resume construction on April 4, one day after a Fifth Avenue South merchant spotted the nest on the corner of the work site.

The birds are protected by the federal Migratory Bird Treaty Act, and Moss has said he had a “high level of confidence” that the work wouldn’t cause the pair of Cooper’s hawks to abandon the nest.

If the birds abandon the nest, the city could be violating the federal act, which carries a penalty of up to $5,000 and one year in jail.

Last week, contractors drilled holes and poured concrete into them for test pilings. No work can be done for 30 days, or until the concrete is dry, and Moss said he expected work on the site to stop until the eggs hatch.

Construction crews moved the test site 160 feet away from the nest, and the drilling wasn’t expected to cause harmful noise or vibrations.

Moss’ decision to move forward went against the recommendation of the city’s Natural Resource Manager Mike Bauer to stop work for up to three months to wait for the chicks to fledge the nest.

Moss said his decision was based on the tight time schedule council had set to complete the garage. Council has said it doesn’t want construction crews working downtown during the height of season, and hope the garage would be usable by January.

Moss said Monday he stood by his decision.

“I wouldn’t have done it any differently,” Moss said. “I viewed your comments to be in line with mine. I was concerned about the environment (and the birds). Frankly if seven people had called and said proceed with the project no matter what, I wouldn’t have done that either.”

But Taylor, who has been vocal about Moss’ decision to proceed, said his decision wasn’t a matter of right or wrong, it was a matter of perception.

“I think politics is perception, and the perception I’m getting is you don’t listen to your council,” she said.

The discussion over the work site, and its new tenants, isn’t over.

Council is scheduled to discuss during Wednesday’s meeting how to proceed with construction.

Comments

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Better get out another golden parachute.

City council often forgets this government is run by the city manager not the elected politicians. Leave the day to day operations to the professionals you hire to run our government. A more hands off approach would probably be beneficial to us all.

#1 Posted by flaman on April 14, 2008 at 8:56 p.m. (Suggest removal)

Whatever happened to common sense. A predatory bird chooses a downtown location, near ambulances, music festivals, adjacent to a softball field and tennis courts. Do you get it? The bird is urbanized, living in a near dead oak. I too, welcome the bird, and wish her luck with the babies, but politicians and treehuggers move on to a serious issue. This wasn't it.

#2 Posted by QuietTalker on April 14, 2008 at 10:05 p.m. (Suggest removal)

He did it to Mucko Island and now Moss is here in Naples to spread his vision of the future. As The Great Karnac (aka Johnny Carson) might say to him; "May the great bird of paradise lay a rotten egg in your coffee as he flies over the new parking garage."

Moss likes to move nature and frankly it is he who should be moved (away).

#3 Posted by BlueTonguedVole on April 15, 2008 at 1:11 a.m. (Suggest removal)

And the way things are going down town, they aren't going to be needing that garage. Just another empty building like the direction 5th ave is going. How dumb is that????

#4 Posted by HARTLAND on April 15, 2008 at 6:18 a.m. (Suggest removal)

Why should this city and county start caring about the enviroment now? They destroyed the beaches along Gulfshore with their condos. They have ruined Naples Bay with all the crap being flushed out of Port Royal. I say lets get rid of anyone that moved to Naples after 1974, level the place and start over from scratch. The natives didn't ruin Naples, the people that ruined their own towns and moved out to take over MY town are the cause for everything wrong here. And while you "people" are packing up and moving out, take the whiny teachers with you!

#5 Posted by RadioNews on April 15, 2008 at 6:32 a.m. (Suggest removal)

As I recall Moss sent in his application on the last possible day. He was selected by this council over all the candidates garnered from an expensive executive search contract. How was the Council so convinced that he was in fact the best candidate? After all, he had almost been fired by the very people he served in Marco Island. Did not an organization called POPs file a petitiion with more than 3 thousand signatures for the purpose of changing the charter so that the people of Marco Island could participate in the City Manager's performance evaluation? The City Council of Naples made their bed, now they must sleep in it or leave town. Moss is King and he knows it!

#6 Posted by Beowulf on April 15, 2008 at 6:54 a.m. (Suggest removal)

Beo, you must be one of those ill-informed people that open their mouths before they speak. Moss was not fired and the POP made up of "northern prunes" is now defunct. They had no legal right to do anything but waste paper and time with their complaints. I think we need to add to the list of "people" to run out of town. Let's include stupid people.

#7 Posted by RadioNews on April 15, 2008 at 7:02 a.m. (Suggest removal)

Cooper's Hawks....tastes just like chicken!!!

#8 Posted by ke4ktz on April 15, 2008 at 7:15 a.m. (Suggest removal)

I think we should shut down the Golf Courses too because there are Alligators in the ponds!

#9 Posted by cupcake on April 15, 2008 at 7:35 a.m. (Suggest removal)

psass, this is MY town. Born and raised here. It would take a better class of people than the ones that came here and ruined this county to make me leave. So keep your worthless, ill-informed opinion for the shuffleboard courts.

#10 Posted by RadioNews on April 15, 2008 at 7:41 a.m. (Suggest removal)

It just amazes me some of these people even know how to work a keyboard much less how a city is managed.

City council will cry fake tears for their constituents, let Moss take the heat (he's appointed not elected), and Moss will save the taxpayers money by enforcing time sensitive contracts and schedules.

BlueTongueVole (a small rodent from a Hiason novel) You may need to seek some professional help. This therapy doesn't seem to be helping you.

#11 Posted by yes on April 15, 2008 at 7:55 a.m. (Suggest removal)

(This comment was removed by the site staff.)

#12 Posted by RadioNews on April 15, 2008 at 8:08 a.m.

I love how people that were born somewhere believe they own the ground they walk on.

Here's a radionewsflash for ya,
Even your people came from somewhere else once upon a time and were the low-class you so fondly refer to. Now you are their decendant.

P.S. I was here before 1974 but i'll be leaving soon.

#13 Posted by cupcake on April 15, 2008 at 8:24 a.m. (Suggest removal)

Actually, I am walking on the ground I own right now!

#14 Posted by RadioNews on April 15, 2008 at 8:37 a.m. (Suggest removal)

RadioNews, Can't you read? I never said Moss was fired. I'm just saying, Council has no right to complain. Moss had a history and it was not a secret. They hired him for whatever reason. He will rule this city as is his way and they had better get used to it. Don't worry about getting on the bus, I'll be there to wave as you leave town along with the fools that let Moss in.

#15 Posted by Beowulf on April 15, 2008 at 8:59 a.m. (Suggest removal)

Radionewsflash!

You're only renting it.

#16 Posted by cupcake on April 15, 2008 at 9 a.m. (Suggest removal)

Well my work is done here for today, have fun bashing and blaming while I sit back, read, and laugh!

#17 Posted by RadioNews on April 15, 2008 at 9:23 a.m. (Suggest removal)

Radionews - as I read your comments i cast aside most of what your wrote off but at the end you wrote "...take the whiny teachers with you."

What in the world is that about? You must not know anyone that teaches or much less have children that are sent to them to learn. When a person decides to teach they do it for the love of teaching but my gosh don't demean them because they want at least more money to keep up with the cost of living like gasoline - food - rent etc.

You should take back your "whiny" comment and apologize for that remark.

By the way I am not a CCPS teacher or employee - I am a local business person doing my thing and moved here probably before you were born! Moved here because the people were so nice and friendly.

#18 Posted by bluemax on April 15, 2008 at 11:10 a.m. (Suggest removal)

Why didn't they simply move the nest?

#19 Posted by DinNaples on April 15, 2008 at 11:37 a.m. (Suggest removal)

Someone should bury a David Ortiz jersey under the new garage

#20 Posted by naplesscribe on April 15, 2008 at 1:07 p.m. (Suggest removal)

Naples 2008 Oh my, what will we ever do without another parking garage downtown? The traffic, the wait time,all those self important people who will have to walk an extra block to find a parking space when they are downtown. Oh the agony....

This is exactly the reason I don't go downtown anymore. Too much BS garbage like this...

Tell me something Naples2008, is there really that much frigging demand for ANOTHER parking garage downtown?

It is all about money at this point,maybe Moss is getting some kind of kickback from the General contractor, who knows.

#21 Posted by Jadip811 on April 15, 2008 at 4:17 p.m. (Suggest removal)

Naples 2008, how about this? We as a collective blogging whole will all pitch in and BUY you a nice Greyhound bus ticket back to your respective Northern state.
I will toss in the first intial 5 bucks. Go away back where ever you came from with your BS point of view and attitude.

mule mentalities like yours are the reason animals become endangered and extinct in the first place.

Oh just one more, just one more parking garage, just one more condo, just one more strip mall. Just one more.
Naples used to be so nice without jerkoffs like you, go back to NY, or NJ, or Mich. , where ever your from , PLEASE go back.

#22 Posted by Jadip811 on April 15, 2008 at 4:23 p.m. (Suggest removal)

I'm in for $5 on the naples2008 ticket

And I'm gonna guess Ohio

#23 Posted by naplesscribe on April 15, 2008 at 4:26 p.m. (Suggest removal)

There's definetly is a double standard in this town, the birds are there and the noise do not "bother" them , but if you were to ride an atv in the middle of nowhere and there's bird poop, forget about it.

#24 Posted by lswjth2 on April 15, 2008 at 4:50 p.m. (Suggest removal)

Freedom I think you would be surprised at who will win. If these "two stupid birds" were on the extinct list, the feds and DEP would be all over this like stink on horse feathers and the work would have ceased already, but since these "two stupid birds" as you affectionately refer to them are ONLY endangered and threatened the work on this much,much needed parking garage will continue.
That garage is so much more important then the life of "two stupid birds" huh?

Wildlife is running out of room to make it's habitat due to urbanization and development. They are simply adapting to our world.
What choice do they have?
Why not take a drive down and see them, because in a few years they may be extinct and your children or grandchildren may never see another live one again, except in a textbook or video on TV...

But who cares right? Your children will have a great place to park vs. "two stupid birds".

#25 Posted by Jadip811 on April 16, 2008 at 2:15 a.m. (Suggest removal)



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